Who is responsible for the attorney's fees of the party filing a will contest case?


Attorneys Fees in a Will Contest Case

The Florida Probate Code allows the probate judge in a will contest to award attorney’s fees to anyone who assists the court with properly determining the beneficiaries of the probate estate. Someone who files a will contest case can recover attorney’s fees from the estate if they are the prevailing party.  However, if the probate court determines that someone has filed a frivolous claim to challenge a will, then the court can require the party filing the will contest case to pay attorney’s fees to the other parties. If the party filing a will contest case is a beneficiary of the estate, and the court determines that the case was not filed in good faith, then the probate judge can reduce the inheritance for the beneficiary.

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